Naresh Chand Rustagi vs Income Tax Officer

This assessee’s appeal for Assessment Year 2017-18, arises against the C IT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2025-26/1083767399(1), date d 17.12.2025 in proceedings u/s 147 r.w.s. 144 r.w.s. 144B of the Income Tax Act, 1961 (in short “the Act”).

Heard both the p arties. Case file perused.

It transpires during the course of hearing that both the learned lower authoritie s have treated the sum in issue of Rs.18.25 lakhs as liable to be assessed under Section 69A of the Act in assessment order date d 27.03.2022 as upheld in the lower appellate discussion.

It is in this factual backdrop that the Bench notice s from a perusal of the assessment order itself that the learned assessing authority has duly admitted that the assessee had, in fact, sold his immovab le property so as to add the sale consideration of Rs.18.25 lakhs in his hands. That being the case, this Tribunal fails to understand as to how such an additio n could be held as sustainab le once the learned Assessing Officer duly accepts the source thereof as the assessee’s sale of immovable property only. The impugned additio n stands deleted for this very reason.

This assessee’s appeal is allowed.